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Georgia Estate Planning Questions & Answers

2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on

Q: My grandfather inherited a house and piece of land from my great grandmother after she passed.

Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... Read more »

Paula J. Mcgill answered on Aug 17, 2019

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until he...
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1 Answer | Asked in Estate Planning for Georgia on

Q: Who does my grandmother's property go to?

My mother is the only living child, my uncle had 4 kids Two over the age 18 and Two under.

Robert W. Hughes Jr. answered on Aug 14, 2019

If your grandmother was not married when she died, her two children will split her estate. Your uncle's four children will divide his half of the estate among themselves. Your mother will receive her half of the estate. This assumes your grandmother did not have a will.

1 Answer | Asked in Estate Planning and Family Law for Georgia on

Q: With joint tenancy with survivorship. One lives in house. Does other have right to say who can visit?

Mother helped daughter buy house. Has Joint Tenacy with survivor ship. Daughter lives and pays for the house as well as maintains it. Does the mother have the right to tell daughter that her boyfriends cant be there? Can mother who does not live there file trespassing?

Homer P Jordan IV answered on Aug 5, 2019

Your question is a bit confusing, but it sounds as though the person who lives in the house is also at least part owner of it. If that is correct, then that person also has say over who can be in the home. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Banking and Estate Planning for Georgia on

Q: What services does the Jag office handle the duties that a Settlement/Escrow Agent????? If not, give suggestions.

New mortgage on home we own.

Bruce Alexander Minnick answered on Jul 23, 2019

No lawyer I know will have any suggestions because your "question" does not contain enough facts and thus cannot be answered as written. Try again?

1 Answer | Asked in Estate Planning and Elder Law for Georgia on

Q: Hello, my mother has Alzheimer's disease. Does any part of title 19 pertain to her?

Jay Braddock Jackson answered on Jul 19, 2019

You’ve not really given enough information to tell. Title 19, as you probably know is commonly called “Medicaid.” This program is intended to pay for medical care for people who don't have enough money to pay their medical bills. While your mother is not “entitled” to Medicaid because of... Read more »

1 Answer | Asked in Constitutional Law, Estate Planning and Real Estate Law for Georgia on

Q: My dad purched a house with inheritance for my grandmother that was left to him and his children. Can wife get house?

My grandma left money for grand kids and dad used it to but a house and land. Now that he has passed can wife just take the house?

Robert W. Hughes Jr. answered on Jul 15, 2019

I cannot answer the question without an answer to the following:

1. When you say left money for grand kids and Dad used it to buy a house, it is critical what the Will said that left the grand kids the money. If it simply leaves money to Dad for the benefit of children, that is one thing....
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1 Answer | Asked in Estate Planning and Family Law for Georgia on

Q: How can I accept a settlement agreement and still file a response to a uncontested divorce petition?

My spouse filed false allegations in her uncontested divorce petition (citing “cruel treatment”), if I write/file a “response” rebutting each false allegation in the petition, can I also sign the settlement agreement that she included with the divorce petition?

Will everything be... Read more »

Ellaretha Coleman answered on May 20, 2019

You can still enter into a settlement agreement even if you dispute the allegations as raised in the complaint for divorce.

1 Answer | Asked in Estate Planning and Probate for Georgia on

Q: Not on mortgage or title. Newton Co GA states I cannot sell home w/out probating will despite being executor. T or F?

I'm executor of my husband's will and estate. I'm trying to sell our home in which I'm not on the mortgage or title.

Wells Fargo is telling me they will keep escrow if title is not transferred to my name but by law, cannot prevent me from selling my home and will give me all money less... Read more »

Robert W. Hughes Jr. answered on May 17, 2019

You have no authority to act in place of your husband unless the court issues Letters to you. The court can't do that if you do not file the will for probate. You might consider filing a petition for year's support to have the house placed in your name. once it is in your name, you can sell it.

1 Answer | Asked in Estate Planning and Probate for Georgia on

Q: If I'm left money in a will is the executor responsible in getting that to me?

Is there a way to find out if my dad's pension & life insurance was left to

P. Justin Thrailkill answered on Apr 16, 2019

The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact... Read more »

3 Answers | Asked in Child Custody, Child Support, Estate Planning and Family Law for Georgia on

Q: Divorce decree says kids can talk to the other parent through age appropriate devices. Is this appropriate for 4 yr old

Kim Ebert answered on Apr 14, 2019

According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce... Read more »

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1 Answer | Asked in Bankruptcy and Estate Planning for Georgia on

Q: As trustee of trust and property owner in individual capacity. Can I file chap 7. Property schedules for FC April 2

Fulton county. Property was placed in a trust for estate planning purposes under 1982 garners st Germain act. So can I file 7. Chp 11sf individual. I thought we were working something out..not responding now. I had a legal name change. When his attorney modified note

..I gave new legal... Read more »

Bruce Alexander Minnick answered on Apr 3, 2019

This combination of inter-related questions would require at least 10 hours of professional legal time to respond to, time valued at least $3,000. Hire a lawyer.

1 Answer | Asked in Estate Planning, Consumer Law, Copyright and Criminal Law for Georgia on

Q: Can I use e plurubus Unum as name for my brand as long as it don’t contain the logo

Marcos Garciaacosta answered on Apr 1, 2019

You should check if it is registered already.

If it is not, you may get it, depending on what it is used for.

Most government names, brands, documents, etc. are not registered.

They may have security protection, but unless that is the case, or are other requirements for...
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1 Answer | Asked in Estate Planning, Intellectual Property and Tax Law for Georgia on

Q: My brother and I did a quick claim deed with my two daughters on property we inherited from our parents for taxes

With the understanding that we would never the put out evicted or any thing of that matter and we were to live there until our deaths upon signing the papers I the mother his soul financier of this property and its taxes who was evicted within two months and now my brother is being threatened with... Read more »

Bruce Alexander Minnick answered on Apr 1, 2019

Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil... Read more »

1 Answer | Asked in Estate Planning and Family Law for Georgia on

Q: Aft er both of my parents died,mother 1996 and father 1985, I moved into the family home. I HAVE lived here for the past

23 years. I have maintained ,made needed repairs and remolded the 150 year old with hard wood floors in three rooms and tile in three rooms. I have six siblings and a nephew . No one has made a monetary assistance to help me. Recently, I received a letter from a lawyer demanding accountable rent... Read more »

Homer P Jordan IV answered on Mar 25, 2019

You should consult with an attorney who can review the facts of your case in detail and help you with the proper response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Estate Planning for Georgia on

Q: We own 81 acres of land shared by 4 families not divided. Can property be sold if one family do not agree to sell?.

Robert W. Hughes Jr. answered on Mar 15, 2019

All OWNERS must consent to sell the property. If ALL OWNERS will not consent, you can file a petition to partition the land and then you can sell your interests in the property.

1 Answer | Asked in Estate Planning and Probate for Georgia on

Q: Can I sell deceased dad's jewelry to pay probate court costs to petition the court to be Administrator?

My father died in January with no valid will. I need to petition the court to be made Administrator and I have my petition papers for probate court ready to be filed so I can sell his only real asset - his car. As I thought about it, he also had some jewelry, not much, but some. I have no idea... Read more »

Robert W. Hughes Jr. answered on Feb 25, 2019

There are far easier ways to accomplish your goal than what you laid out. That said, you cannot sell any assets until they are in your name or you are in charge of the estate.

1 Answer | Asked in Estate Planning for Georgia on

Q: Can a trustee use funds from an irrevocable trust to create a new irrevocable trust for a different beneficiary?

I am the sole beneficiary of a 15 year old irrevocable trust and I believe the assets were recently moved into other brand new irrevocable trusts with new beneficiaries. (The grantor is the trustee) If the trustee has no other funds to reinstate my trust assets are the newly created irrevocable... Read more »

Jammie Taire answered on Feb 18, 2019

This can be considered a difficult and loaded question without the benefit of looking at the language in the trust. As a general answer, I will say that this is possible. It is called decanting. If you are concerned about the trustee you may reach out to the trustee or consult with an attorney... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on

Q: What rights do I have as a heir so that everything doesn't go to my half siblings when my step mother passes?

My father died intestate 4/2015. Stepmother barely speaks since he passed. Don't think that everything should go to her children. She will not give any thing to us.

Jammie Taire answered on Feb 18, 2019

I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less... Read more »

1 Answer | Asked in Estate Planning for Georgia on

Q: I was one day late giving answer to the eviction. I emailed the court yesterday on the final day to let them know I was

On the way. I didn't make it. Got there at 9 this morning and they tell me it was too late. We had to be out in 24 hours this man didn't make out a new lease when the old one went out I thought I would had 60 days to get out according to the tenant at will. I have every message between the landlord... Read more »

Jammie Taire answered on Feb 6, 2019

This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Georgia on

Q: I HAVE HAD A GENERAL POA SINCE APRIL 2002 FOR MY MOTHER THAT IS RECORDED IN FULTON COUNTY GEORGIA.

EARLY ONSET ALZHEIMERS AND DEMENTIA HAS BEEN CONFIRMED RECENTLY AND MY AUNT TOOK HER TO AN ATTORNEY AND DREW UP A WILL AND A POA TO SIGN BUT DID NOT HAVE IT RECORDED ONLY NOTORIZED . HOW DO I GET THESE THINGS RELINQUISHED?

ALSO, CAN I REMOVE HER AS EXECUTOR OF THE WILL BEFORE HER DEATH?

Kelli Y Allen answered on Jan 13, 2019

Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.

Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.

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